Athens, GA Alimony and Spousal Support Lawyer
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Alimony and Spousal Support in Athens, GA
Alimony can be one of the most important financial issues in a divorce, whether you are asking for support or being asked to pay it. As an Athens alimony lawyer, Samuel E. Thomas represents clients in Athens-Clarke County and across Northeast Georgia in alimony requests, negotiations, and modifications. He explains how Georgia law applies to your situation and what a realistic outcome looks like.
What Is Alimony in Georgia?
Georgia law defines alimony as an allowance out of one spouse’s estate for the support of the other spouse when they are living separately (O.C.G.A. § 19-6-1). Alimony is not automatic. In most cases the judge has discretion to award it based on one spouse’s needs and the other spouse’s ability to pay, and the court must consider how each spouse treated the other.
Temporary alimony
While a divorce is pending, either spouse can ask the court for temporary alimony to cover living expenses until the final decree. The judge hears from both sides, looks at each spouse’s needs during the case and any separate estate, and can also award money for litigation expenses (O.C.G.A. § 19-6-3).
Permanent alimony
Alimony in the final decree can be paid periodically, such as monthly, or as a lump sum. Periodic alimony can be set for a fixed number of years or until a specific event. Many couples agree on alimony in a settlement agreement, which the court then makes part of the decree. Alimony is separate from property division and child support, although the three often affect each other.
How Georgia Courts Decide Alimony
Under O.C.G.A. § 19-6-5, the court considers factors including:
- The standard of living during the marriage
- How long the marriage lasted
- The age and the physical and emotional condition of both spouses
- Each spouse’s financial resources
- The time either spouse needs to get the education or training to find appropriate work
- Each spouse’s contributions to the marriage, including homemaking, child care, and support of the other spouse’s career
- Each spouse’s separate estate, earning capacity, and fixed liabilities
- Any other factors the court finds relevant
Can adultery or desertion affect alimony?
Yes. In Georgia, a spouse whose adultery or desertion caused the separation is not entitled to alimony. Even when that rule does not apply, the court considers each spouse’s conduct toward the other when deciding whether to award alimony and how much.
Changing or Ending Alimony
When does alimony end?
Unless the decree or agreement says otherwise, permanent alimony payments that have not yet come due end if the person receiving them remarries. Periodic alimony also generally ends when either former spouse dies, unless the decree provides otherwise. Because the wording of the agreement controls so much, these terms are worth getting right before you sign.
Can alimony be modified?
Either former spouse can ask the court to revise periodic alimony if the income and financial status of either spouse has changed. A spouse generally cannot file another request within two years of the final order on that spouse’s last request. Alimony can also be revised if the person receiving it voluntarily lives with another person in an ongoing romantic relationship (O.C.G.A. § 19-6-19). Lump sum alimony generally cannot be modified.
How is alimony taxed?
For divorce decrees and separation agreements signed after December 31, 2018, federal law does not let the paying spouse deduct alimony, and the receiving spouse does not report it as income. Older agreements may follow the earlier rules. A tax professional can tell you how this applies to you.
What if my former spouse stops paying?
Court-ordered alimony can be enforced, including through a contempt action. Our page on contempt actions explains how that process works.
Talk With an Athens Alimony Lawyer
To discuss alimony in your divorce, call 706-546-0999, email customerservice@samuelthomaslaw.com, or book a consultation online. You will work directly with Attorney Samuel E. Thomas. For the broader divorce process, see our divorce page.